Article 2. Administration of California Streets And Highways Code >> Division 3. >> Chapter 7. >> Article 2.
The department, in cooperation with the committee, shall
establish operating procedures and take such other actions as are
appropriate to comply with the provisions of this chapter and with
all applicable laws, rules, and regulations.
Funds apportioned to this state pursuant to subsection (b)(6)
of Section 104 of Title 23 of the United States Code for federal
urban system projects shall be allocated by the commission. Projects
eligible for allocation include fringe parking projects, state
highway projects, local street and highway projects, and public mass
transit projects. The commission shall review the long-range planning
programs for the urban system, and shall review each annual program
for conformance with the long-range programs.
(a) The department may advance the federal share of each
urban system project on a county road or a city street from the money
appropriated by the Legislature and allocated by the commission in
conformance with the requirements of this chapter.
(b) Expenditures of federal urban system funds, or federal general
funds substituted therefor, shall be exempt from the provisions of
Sections 188 and 188.8.
(c) Counties and cities may use any funds available to them to
match funds made available to them, if the use of funds for such
matching purposes is not prohibited by federal law or regulations.
Funds apportioned by the United States Secretary of
Transportation to public entities in California for federal-aid urban
system projects shall be obligated by the recipient public entity
within three years of the year of the apportionment of the funds to
the state by the secretary.
Any federal-aid urban funds that are not obligated within the
three-year period shall be reapportioned by the department to other
projects under terms and conditions established by the department and
approved by the FAU Systems Advisory Committee. The public entity
receiving a reapportionment shall compensate the recipient of the
original apportionment in an amount equal to at least 60 percent of
the amount of the reapportionment.
The director shall notify each public entity six months prior to
the end of the three-year period in which the public entity is
required to obligate the funds that the department intends to
reapportion under this section. A public entity receiving
notification may request a hearing before the FAU Systems Advisory
Committee for an extension of the three-year requirement. The FAU
Systems Advisory Committee may grant the public entity an extension
of time in which to obligate the funds if it makes a finding that the
public entity has shown that the extension is justified.
The department, in cooperation with the FAU Systems Advisory
Committee, shall certify that a recipient agency will be able to
expend funds based on project readiness and its ability to meet
funding requirements. The department shall provide to the commission
all information relating to the reallocation of federal-aid urban
funds on the state highway system. The commission may amend the state
transportation improvement plan to reflect changes deemed
appropriate by the commission resulting from reallocations.
This section applies to federal-aid urban funds apportioned prior
to January 1, 1986, but the three-year period for any funds
apportioned prior to January 1, 1986, shall begin on that date.